Divorce Questions

In Sri Lanka, divorces are primarily fault-based. This means you need to prove that your spouse is at fault for the breakdown of the marriage.

The grounds (faults) include adultery, malicious desertion (your spouse leaving you with no intention to return), and incurable impotency. You must provide evidence to support your claims.

Either spouse can file for divorce in Sri Lanka, provided they meet the legal grounds and requirements under Sri Lankan law.

Child custody is determined based on the best interests of the child. The court considers factors like the child's welfare, age, and the ability of each parent to provide care.

If your spouse is abusive, you can seek protection orders and request custody of your children. Evidence of abuse strengthens your case for sole custody and can expedite the divorce process.

Alimony is financial support one spouse pays to the other after a divorce, often to help maintain the same standard of living.

Maintenance refers to financial support for the children, ensuring their needs are met after the divorce.

Alimony is for the spouse, while maintenance is for the children. You can receive both if the court deems it necessary.

No, custody is based on the child's best interests, not the gender of the parent. The court looks at the care and stability each parent can provide.

Unless there are safety concerns, the court generally encourages both parents to maintain relationships with their children. The specifics depend on the child's welfare

You can file for divorce in Sri Lanka even while living abroad, using a legal representative in Sri Lanka to handle your case. This helps avoid the need for frequent travel.

If your spouse is abroad, you can still file for divorce in Sri Lanka. Legal procedures ensure they are notified and can participate in the proceedings.

No, you can appoint a legal representative to act on your behalf. This allows you to manage the process remotely.

No, each party is responsible for their own legal fees unless the court orders otherwise, which is rare.

Filing in Sri Lanka ensures that your divorce is recognized under Sri Lankan law, which can be beneficial, especially if property or children are involved in Sri Lanka.

If both parties are Sri Lankan citizens, filing in Sri Lanka may offer legal recognition in both Sri Lanka and your current country of residence.

The process can take anywhere from 3 to 12 months, depending on factors like the complexity of the case and the court’s schedule

You will typically need the divorce decree, proof of identity, and any translations required by your current country’s legal system. Your lawyer can guide you through this process.

Yes, in Sri Lanka, you can obtain a divorce without your spouse’s consent, but it requires a fault-based legal process. Sri Lanka follows a fault-based divorce system, meaning that one party must prove the other is at fault for the breakdown of the marriage. The faults recognized under Sri Lankan law are:

• Adultery: Evidence of infidelity or unfaithfulness from your spouse.
• Malicious Desertion: If your spouse has abandoned you with no intention of returning, or has forced you to leave without reasonable cause.
• Incurable Breakdown of the Marriage: This refers to the permanent and irreparable damage done to the marriage relationship, with no hope of reconciliation.

In these cases, even if your spouse refuses to participate, you can still file for divorce and prove the fault in court. It is essential, however, to present strong evidence, as divorce proceedings can be contested. A lawyer can guide you through collecting the necessary proof and ensure your petition is structured effectively.

Sri Lanka does not follow a clear-cut community property or equitable distribution system for dividing assets upon divorce. Instead, the division of property is largely dependent on the ownership and contribution of each party. Here’s a breakdown of how it generally works:

• Matrimonial Property: Any property acquired during the marriage can be subject to claims from both parties. This includes real estate, investments, businesses, and other significant assets.
• Separate Property: Assets owned by one spouse before the marriage usually remain theirs unless the other spouse can prove they contributed significantly (e.g., financially or through domestic work) to its appreciation in value.
• Contribution: Courts will take into account not just financial contributions but also non-monetary contributions such as homemaking, caring for children, and other domestic responsibilities when determining who is entitled to a share of the property.

It’s worth noting that property division can be negotiated and agreed upon by both parties outside of court, often through mediation or a settlement. If no agreement can be reached, the court will decide based on fairness, taking into account factors like the needs of both parties, the length of the marriage, and each party’s contribution to the marriage.

Fathers have equal legal rights to mothers when it comes to seeking custody of their children in Sri Lanka. The courts make custody decisions based on the best interests of the child, which may not necessarily favor the mother over the father. Here’s what you need to know:

• Custody: Courts will evaluate the parent-child relationship, each parent’s living situation, their ability to care for the child, and other relevant factors. Fathers can be granted full custody, joint custody, or visitation rights.
• Visitation Rights: If the mother is granted custody, the father still has the right to see his children. The court will set a visitation schedule that is in the child's best interest, which can include regular weekend visits or holiday time.
• Parental Responsibility: Even if a father doesn’t gain custody, he retains parental responsibility. This means he has a say in important decisions about the child’s education, health, and upbringing.

In cases where the father can demonstrate that his involvement is beneficial to the child’s wellbeing, courts are likely to encourage active co-parenting.

In Sri Lanka, there is no mandatory waiting period after a divorce is finalized before you can remarry. Once the court has issued the divorce decree, you are legally allowed to marry again. However, the divorce process itself can take some time, depending on the complexities of the case and court schedules.

You may want to confirm that all legal documentation related to the divorce is properly filed and registered before planning a new marriage, especially if you are marrying outside Sri Lanka. If you’re remarrying in another country, that country may have specific requirements regarding proof of divorce, such as translated or certified copies of your divorce decree.

It’s important to also note that religious or cultural practices might impose their own waiting periods or other considerations, separate from legal requirements.

A divorce in Sri Lanka could potentially affect your visa or residency status abroad, depending on the country where you reside. Here are some factors to consider:

• Residency Based on Marriage: If your residency or visa status is based on your marriage (for instance, a spousal visa), a divorce might lead to the revocation or expiration of that visa. This is common in many countries, including those with family-based immigration systems.
• Notification Requirements: Some countries require that you notify immigration authorities when there is a change in your marital status. Failing to do so could lead to complications with your residency.
• Impact on Citizenship Applications: If you are in the process of applying for permanent residency or citizenship in another country based on your marriage, a divorce may affect that application. In such cases, you may need to reapply based on other criteria, such as work or personal income.

Consult with an immigration lawyer in the country where you reside to ensure you understand the full implications of your divorce on your visa or residency status.